Madras High Court
M/S. Texonic vs The Chairman on 22 April, 2021
Author: R.Mahadevan
Bench: R.Mahadevan
W.P. No. 10028 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P. No. 10028 of 2021
and
W.M.P. No. 10654 of 2021
M/s. Texonic
Represented by its Partner
Naveen Bhandari
No.9, Athipattan Street
Anna Salai, Chennai – 600 002. ...Petitioner
Vs.
1. The Chairman
TANGEDCO
144, Anna Salai
Chennai – 600 002.
2. Chief Financial Controller (General)
TANGEDCO
7th Floor, 144, Anna Salai
Chennai – 600 0027.
3. The Chief Engineer, NCES
TANGEDCO
Second Floor
144, Anna Salai
Chennai – 600 002.
1/6
https://www.mhc.tn.gov.in/judis/
W.P. No. 10028 of 2021
4. The Superintending Engineer
TANGEDCO, Tirunelveli EDC
Tirunelveli – 627 011.
5. The Superintending Engineer
Dindigul EDC, TANGENDCO
Dindigul. ... Respondents
Petition filed under Article 226 of the Constitution of India, praying
for issuance of a Writ of Mandamus, directing the Respondents for
termination of the PPA dated 29.01.2018 and 13.08.2019 and to execute
energy wheeling agreement for Third Party Sale.
For Petitioner : Mr. T.Chezhiyan
For Respondents : Mr. N.Damodharan
Standing Counsel
ORDER
Seeking a direction to the Respondents for termination of the Energy Purchase Agreements (EPA) dated 29.01.2018 and 13.08.2019 and to execute the Energy Wheeling Agreement (EWA) for third party sale, the present writ petition came to be filed by the petitioner.
2.It is the case of the petitioner that they are having 2 Windmills with 2/6 https://www.mhc.tn.gov.in/judis/ W.P. No. 10028 of 2021 a capacity of 800 KW each bearing WF HT SC Nos.1736 and 059214500041 (Old No.D-41) (Group-II) and they entered into Energy Purchase Agreements dated 29.01.2018 and 13.08.2019 with the fourth and fifth respondents respectively. As per the said Agreement, the payment to WEG in respect of energy supplied shall be within 30 days from the receipt of the Bill. Contrary to the same, the respondent TANGEDCO failed to make any payment, despite raising invoices by the petitioner every month. The total outstanding due for the wind electric generators till March, 2021, is Rs.1,15,97,911/-. Therefore, invoking clause 8(b) of the Energy Purchase Agreement (EPA), the petitioner sent notice dated 18.02.2021 to the third and fourth respondents seeking migration of EPA to EWA. Finding no response on the same, they have come up with this writ petition for the aforesaid relief.
3.The learned counsel for the petitioner submitted that the issue involved herein has already been considered and decided by this Court vide order dated 30.08.2019 in W.P. No. 5196 of 2019 etc. batch, the operative portion of which is usefully extracted hereunder:
“29. Thus, for the reasons stated above, the Writ Petitions deserve to be allowed with the following 3/6 https://www.mhc.tn.gov.in/judis/ W.P. No. 10028 of 2021 directions:-
(a)the respondents /TANGEDCO are directed to permit the Petitioners to switch over to captive consumption so as to use the same for their own industry;
(b)the respondents/ TANGEDCO are directed to settle the respective dues to the Petitioners as per their respective invoices raised by them, along with interest as per Clause 6(b), within a period of two months from the date of receipt of a copy of this order.
(c)Consequently, in view of permitting the petitioners to migrate from EPA to EWA, the proceedings dated 20.05.2017 of the first respondent deciding not to concede any request for migration is set aside.
30.In fine, with the above directions, the writ petitions stand allowed. No costs. Consequently, connected Miscellaneous Petitions are closed.” The learned counsel further submitted that as against the aforesaid order, the respondent TANGEDCO filed an appeal in WA.No.4189 of 2019 etc. batch, which were dismissed by a Division Bench of this Court on 18.02.2020; and the further appeal in SLP Nos.8513 – 8518 of 2020 before the Supreme Court also ended in dismissal, by order dated 24.09.2020. Hence, the learned counsel prayed for similar order in this writ petition as well.
4.The submissions so made by the learned counsel for the petitioner 4/6 https://www.mhc.tn.gov.in/judis/ W.P. No. 10028 of 2021 have been fairly conceded by the learned Standing Counsel taking notice for the respondents.
5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side and also following the earlier order of this Court (cited supra), this writ petition stands disposed of, in the same lines as done in W.P. No. 5196 of 2019, etc. batch. dated 30.08.2019. With regard to the consideration of the application for migration, the respondents shall pass appropriate orders, within a period of four (4) weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.
22.04.2021
Index : Yes/No
Internet : Yes/No
Maya
R.MAHADEVAN, J.
Maya
To
1. The Chairman, TANGEDCO
144, Anna Salai
Chennai – 600 002.
2. Chief Financial Controller (General) TANGEDCO 5/6 https://www.mhc.tn.gov.in/judis/ W.P. No. 10028 of 2021 7th Floor, 144, Anna Salai Chennai – 600 0027.
3. The Chief Engineer, NCES TANGEDCO, Second Floor 144, Anna Salai Chennai – 600 002.
4. The Superintending Engineer TANGEDCO, Tirunelveli EDC Tirunelveli – 627 011.
5. The Superintending Engineer Dindigul EDC TANGENDCO, Dindigul.
W.P. No. 10028 of 2021
Dated : 22.04.2021 6/6 https://www.mhc.tn.gov.in/judis/